0987-00-G Carpenters and Allied Workers Local 27, United Brotherhood of Carpenters and Joiners of America, Applicant v. Perfection Rug Co. Ltd., Responding Party.
BEFORE: D. L. Gee, Vice-Chair.
DECISION OF THE BOARD; August 1, 2000
This matter is a referral of grievance to arbitration pursuant to section 133 of the Labour Relations Act, 1995 (the “Act”).
The Board is in receipt of letters dated July 24 and 27, 2000 from counsel for the responding party setting out a request for a Board order requiring the applicant to produce particulars as set out therein.
According to the correspondence from counsel for the responding party, a meeting with a Labour Relations Officer in respect of this matter was scheduled for July 11, 2000. The responding party attended at such meeting with counsel. At the time appointed for the meeting, counsel for the applicant appeared and informed the responding party, its counsel and the Labour Relations Officer that he was not available to attend the meeting as he had to attend a Board hearing. As a result, information and particulars that the responding party sought to obtain from the applicant in order to assess and prepare its case were not obtained.
Meetings with Labour Relations Officers in connection with construction industry grievance referrals are an extremely necessary step in the resolution of such matters. It is not unusual for grievance referrals to contain broad particulars. The meeting with the Labour Relations Officer serves as an opportunity for the responding party to get the particulars from the union that it will need in order to prepare its response. It is unacceptable for a party to fail to attend at the Labour Relations Officer’s meeting without having given the other side and the Officer prior notice of the party’s inability to attend. In such cases every effort should be made to make arrangements for another meeting in advance of the scheduled hearing date.
In the instant case, the responding party is seeking particulars that, had the Officer’s meeting taken place, it would likely have obtained at such meeting.
It is my determination that a meeting with the Labour Relations Officer assigned to this matter must take place prior to the scheduled hearing. The meeting is to be set up by Mr. Cox in consultation with counsel for the responding party. Mr. Cox will notify the parties as to the date, time and place of the meeting. Both parties are to attend at such meeting with all documents in their possession that are relevant to the grievance referral. In the event the applicant is relying on an auditor to explain the report that accompanies the grievance referral, every effort should be made to have the auditor in attendance at the meeting.
Following the meeting with the Labour Relations Officer, the responding party is free to renew its request for a Board order requiring the applicant to provide further particulars should such prove necessary.
I am not seized.
“D. L. Gee”
for the Board